https://www.taxtmi.com/caselaws?id=283690 Section 378(3) of the Code of Criminal Procedure was construed as imposing only a restriction on entertaining an appeal against acquittal unless leave is granted, not as creating a separate mandatory preliminary proceeding for an independent leave application. The prayer for leave may be included in the memorandum of appeal, and the scheme distinguishes State appeals from complainant appeals under Section 378(4), where special leave is expressly required. On that reading, the connected appeal against acquittal and leave request were required under the relevant High Court Rules to be dealt with by a Division Bench, so disposal by a Single Judge was not competent. en-us Fri, 29 Jan 1982 00:00:00 +0530 Mon, 07 Oct 2019 16:29:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283690 Section 378(3) of the Code of Criminal Procedure was construed as imposing only a restriction on entertaining an appeal against acquittal unless leave is granted, not as creating a separate mandatory preliminary proceeding for an independent leave application. The prayer for leave may be included in the memorandum of appeal, and the scheme distinguishes State appeals from complainant appeals under Section 378(4), where special leave is expressly required. On that reading, the connected appeal against acquittal and leave request were required under the relevant High Court Rules to be dealt with by a Division Bench, so disposal by a Single Judge was not competent. Case-Laws Indian Laws Fri, 29 Jan 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283690